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Shower exploded and flooded whole house after builder removed and replaced
Comments
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Aylesbury_Duck said:I agree with others. You need to know the cause here. It’s almost certain the shower refit was the decisive factor, but it might not have been the cause. Until you’ve worked out which part of the system has failed, you can’t pin the blame on the plumber.0
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bertiebb_2 said:Aylesbury_Duck said:I agree with others. You need to know the cause here. It’s almost certain the shower refit was the decisive factor, but it might not have been the cause. Until you’ve worked out which part of the system has failed, you can’t pin the blame on the plumber.
It's not unlike the situation where you take your car to an MOT test and a brake line ruptures under testing conditions, or a cambelt snaps when the engine is revved hard for the emissions test. You might argue the garage broke it, but the reasonable counterargument is that the brakes were likely to fail in the event of a hard stop, or the belt or tensioners were about to fail, anyway.
So no, he hasn't got to take any responsibility yet.1 -
bertiebb_2 said:Aylesbury_Duck said:I agree with others. You need to know the cause here. It’s almost certain the shower refit was the decisive factor, but it might not have been the cause. Until you’ve worked out which part of the system has failed, you can’t pin the blame on the plumber.
But that be some pressure you cold water is running at.Life in the slow lane0 -
What actually burst or failed. Without knowing that you'll struggle to pin anything down.
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What did the home emergency guys say0
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bertiebb_2 said:bertiebb_2 said:
Is it fair that he should be, at least, paying my excess here?
Is this a sole trader or a LTD?
All contracts for services have the implied term that the service will be carried out with reasonable care and skill.
Where that doesn't occur (i.e the contract is breached) you may request a repeat performance and then a price reduction under consumer rights or can simply seek damages.
Either way burden of proof lies with yourself I believe so typically it's have an expert have a look and put something on paper to show on the balance of probability reasonable care and skill wasn't exercised.
You'd be looking at letter before action and small claims if you can't come to an agreement with the plumber
@DullGreyGuy might advise whether you or your insurer will be able to attempt to claim any excess back via the plumber's insurance (assuming he has some).In the game of chess you can never let your adversary see your pieces0 -
bertiebb_2 said:Know what you mean but his attitude at the moment is awful - not my problem.
All I know is he disconnected it all and reconnected it. Hes saying not his fault for the fittings behind the wall etc.
It was a big leak could hear it from outside on the driveway when we got home. The water was spurting out from the shower.
Got home emergency coming out this am so we'll see what they find.
I'd make sure you get it in writing from an expert stating what caused the leak.
The fact that you called him back as it was leaking means that as an expert he should have investigated and not turned the water back on until it was properly fixed.Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
We're these replacement tiles, there were tiles under the shower previously?
Was it a Mira or something other make?
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Given you say it was a new shower I'm a little surprised that you are only talking to the builder and not the plumber who put the shower in. Both are expected to have exercised reasonable skill and whilst I'm no plumbing expert for new piping to have exploded sounds more like a problem with the plumbing rather than detaching/reattaching the final piece.the_lunatic_is_in_my_head said:
You'd be looking at letter before action and small claims if you can't come to an agreement with the plumber
DullGreyGuy might advise whether you or your insurer will be able to attempt to claim any excess back via the plumber's insurance (assuming he has some).
As a consequence there is the issue of double jeopardy, a person cannot be sued twice for the same incident by the same party. If you were to sue them for your excess you would then legally block your insurers from suing them for their outlay which in principle would be a breach of contract and in most cases enable them to sue you for their outlay instead.
If you decided to go down the path of pursuing the builder for your excess you need to keep your insurers in the loop. The may decide they dont want to fund litigation as the prospects of success aren't high enough but require you to sue for the whole amount if you decide to litigate. Alternatively if the builder's insurance is involved they may come to an agreement to keep costs out of the legal proceedings to ensure it stays in Small Track but to honour the court order whatever it may be.
As a slight side note, unlike Motor or Employers Liability insurance you have no right to deal with the Public Liability insurer directly. It's ultimately there to protect the builder and it's their choice if they involve them or deal with it personally. With the two statuary classes of insurance the insurer is obliged to step in when there is a court order against their insured.1 -
DullGreyGuy said:Given you say it was a new shower I'm a little surprised that you are only talking to the builder and not the plumber who put the shower in. Both are expected to have exercised reasonable skill and whilst I'm no plumbing expert for new piping to have exploded sounds more like a problem with the plumbing rather than detaching/reattaching the final piece.the_lunatic_is_in_my_head said:
You'd be looking at letter before action and small claims if you can't come to an agreement with the plumber
DullGreyGuy might advise whether you or your insurer will be able to attempt to claim any excess back via the plumber's insurance (assuming he has some).
As a consequence there is the issue of double jeopardy, a person cannot be sued twice for the same incident by the same party. If you were to sue them for your excess you would then legally block your insurers from suing them for their outlay which in principle would be a breach of contract and in most cases enable them to sue you for their outlay instead.
If you decided to go down the path of pursuing the builder for your excess you need to keep your insurers in the loop. The may decide they dont want to fund litigation as the prospects of success aren't high enough but require you to sue for the whole amount if you decide to litigate. Alternatively if the builder's insurance is involved they may come to an agreement to keep costs out of the legal proceedings to ensure it stays in Small Track but to honour the court order whatever it may be.
As a slight side note, unlike Motor or Employers Liability insurance you have no right to deal with the Public Liability insurer directly. It's ultimately there to protect the builder and it's their choice if they involve them or deal with it personally. With the two statuary classes of insurance the insurer is obliged to step in when there is a court order against their insured.0
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